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Letter of agreement on telework for these groups: Applied Science and Patent Examination (SP), Architecture, Engineering and Land Survey (NR), Commerce and Purchasing (AV-CP), Information Technology (IT), Health Services (SH), Research (RE)

The parties agree to sign a Letter of Agreement with Respect to Telework that will not form part of the collective agreement.

Letter of Agreement Between the Treasury Board of Canada and the Professional Institute of the Public Service of Canada with Respect to Telework

In keeping with the Employer’s Directive on Telework, this letter of agreement confirms the parties’ shared understanding on Telework: work performed by an employee from an alternate location other than a Government of Canada designated worksite.

The parties acknowledge that:

  • Telework arrangements can be initiated by the employee, are voluntary and require the mutual agreement of the employee and the Deputy Head or the authorized representative within each department or organization.
  • Telework arrangements are subject to regular review (at least annually) and may be terminated by either party at any time with reasonable notice in writing.
  • Telework is not a right or an entitlement of the employee unless agreed upon in connection with the duty to accommodate.
  • Rights, obligations and responsibilities of the parties will be agreed upon in advance of any telework arrangement coming into effect. Any arrangement may be modified with the mutual agreement of the employee and the Employer representative.
  • Employee telework requests will be considered on a case-by-case basis and in consideration of operational requirements and other relevant factors. If a request is denied, the employee will be provided with reasons in writing for the denial.

Departmental or Organizational Panel on Telework 

The Letter of Agreement provides for the creation of a departmental or organizational panel to address the employee’s dissatisfaction with a decision resulting from the application of the Employer’s Directive on Telework and Direction on prescribed presence in the workplace, which may be amended from time to time.

The parties recognize:

  • That this letter of agreement does not negate any grievance rights as outlined in the Federal Public Sector Labour Relations Act and relevant regulations.
  • The importance of a consistent application of the Employer’s Directive on Telework which accounts for departmental realities and operations.
  • The creation of such a panel to address matters related to telework supports informal discussions and satisfactory resolution of such matters.

Based on the above recognition, the parties agree that:

  • Departments or organizations and the Professional Institute of the Public Service of Canada will develop terms of reference for the creation of a panel by December 31, 2023, to address dissatisfaction with a decision resulting from the application of the Employer’s Directive on Telework and Direction on prescribed presence in the workplace.
  • These terms of reference will incorporate the following principles:
    • The creation of a departmental or organizational panel with equal representation from the Employer and the Professional Institute of the Public Service of Canada that will review decisions resulting from the application of the Directive on Telework.
    • When an employee files a grievance, if no settlement has been reached prior to the final step of the grievance procedure prescribed in the collective agreement, the employee may refer the grievance to the panel established for this purpose, at which point the grievance will be held in abeyance pending the completion of the review by the panel.
    • The panel will review the submissions presented by the parties and submit a recommendation to the Deputy Head or its delegate for decision making as part of the final level in the grievance procedure. The panel will endeavour to make its recommendation as soon as practicable and, in any event, within 90 days of the  referral. In exceptional or unforeseen circumstances such as a particularly high volume of referrals, the 90-day timeline may not be met and can be extended by mutual agreement.
    • This process will proceed on a trial basis for the duration of this letter of agreement.

Joint Consultation Forum on the Employer’s Directive on Telework

The Employer also commits to establishing a Joint Consultation Committee for the review of the Employer’s Directive on Telework.

The Joint Consultation Committee will: 

  • Be co-chaired by the Employer and the Professional Institute of the Public Service of Canada who will guide the work of the Joint Committee.
  • Be comprised of an equal number of representatives of the Employer and the Professional Institute of the Public Service of Canada. 
  • Subject to the co-chairs’ pre-approval, subject-matter experts (SME) may be resourced by the Employer and invited to contribute to the discussions, as required.   
  • Will meet within ninety (90) days of the signing of the collective agreement and will endeavour to complete this consultation process within one (1) year from the initial Committee meeting.

Information

In addition to the above, the Employer, subject to the Access to Information Act and Privacy Act, will endeavour to share information and consult regularly with the Professional Institute of the Public Service of Canada on opportunities and challenges related to telework including data collected related to the above departmental or organizational panel on telework, where available. 

This letter of agreement expires on June 20, 2026.

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